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PEOPLE v. McRAE

Nos. 5778, 5778A, 5886/03, 3917/03, 5778B, 6372/04.

88 A.D.3d 552 (2011)

931 N.Y.S.2d 228

2011 NY Slip Op 7354

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMEL McRAE, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 20, 2011.

In the May 5 order (indictment No. 6372/04), the court denied the motion on the merits. We conclude that the court providently exercised its discretion when it determined that substantial justice dictated denial of the application in light of the seriousness of defendant's criminal history, which outweighed the mitigating factors he cited (see e.g. People v Gumbs, 66 A.D.3d 558 [2009], lv dismissed 14 N.Y...

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